Case: School District 49 v. Sullivan

COMPLAINT against Eric Artis, Greta Asfaw, Sybil Booker, Joe Brown, Colorado High School Activities Association, Sara Crawford, Kristie Duran, Mayuko Fieweger, Jim Flanigan, Ty Gray, Jeff Hollway, Elizabeth Jameson, Mike Jobman, Jade R Kelly, Michael Krueger, Alfie Lotrich, Jimmy Porter, Sergio Raudel Cordova, Aubrey C. Sullivan, Heidi Voehringer, Daniel S. Ward, Phillip Weiser, Ryan West, Cameron Wright (Filing fee $ 405,Receipt Number ACODC-10328213)Attorney Michael Lee Francisco added to party School District 49(pty:pla), filed by School District 49. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Aubrey Sullivan, in her official capacity as Director of the Colorado Civil Rights Division, # 3 Summons Sergio Raudel Cordova, in his official capacity as a member of the Colorado Civil Rights Commission, # 4 Summons Geta Asfaw, in his official capacity as a member of the Colorado Civil Rights Commission, # 5 Summons Mayuko Fieweger, in her official capacity as a member of the Colorado Civil Rights Commission, # 6 Summons Daniel S. Ward, in his official capacity as a member of the Colorado Civil Rights Commission, # 7 Summons Jade Rose Kelly, in her official capacity as a member of the Colorado Civil Rights Commission, # 8 Summons Eric Artis, in his official capacity as a member of the Colorado Civil Rights Commission, # 9 Summons Phillip Weiser, in his official capacity as Colorado Attorney General, # 10 Summons Colorado High School Activities Association, # 11 Summons Michael Krueger, in his capacity as Commissioner of the Colorado High School Activities Association, # 12 Summons Ryan West, as a member of the Colorado High School Activities Association Board of Directors, # 13 Summons Ty Gray, as a member of the Colorado High School Activities Association Board of Directors, # 14 Summons Joe Brown, as a member of the Colorado High School Activities Association Board of Directors, # 15 Summons Sara Crawford, as a member of the Colorado High School Activities Association Board of Directors, # 16 Summons Cameron Wright, as a member of the Colorado High School Activities Association Board of Directors, # 17 Summons Jeff Hollway, as a member of the Colorado High School Activities Association Board of Directors, # 18 Summons Jim Flanigan, as a member of the Colorado High School Activities Association Board of Directors, # 19 Summons Jimmy Porter, as a member of the Colorado High School Activities Association Board of Directors, # 20 Summons Elizabeth Jameson, as a member of the Colorado High School Activities Association Board of Directors, # 21 Summons Alfie Lotrich, as a member of the Colorado High School Activities Association Board of Directors, # 22 Summons Mike Jobman, as a member of the Colorado High School Activities Association Board of Directors, # 23 Summons Heidi Voehringer, as a member of the Colorado High School Activities Association Board of Directors, # 24 Summons Sybil Booker, as a member of the Colorado High School Activities Association Board of Directors, # 25 Summons Kristie Duran, as a member of the Colorado High School Activities Association Board of Directors)(Francisco, Michael) (Entered: 05/09/2025)

Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (echa, ) (Entered: 05/09/2025)

Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (echa, ) (Entered: 05/09/2025)

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). Summons submitted has incorrect caption and not issued. Please file completed summons for issuance using the event Summons Request. (echa, ) (Entered: 05/09/2025)

SUMMONS REQUEST as to Aubrey Sullivan, Sergio Raudel Cordova, Geta Asfaw, Mayuko Fieweger, Daniel S. Ward, Jade Kelly, Eric Artis, Phillip Weiser, Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, and Kristie Duran by Plaintiff School District 49. (Attachments: # 1 Summons Sergio Raudel Cordova, in his official capacity as a member of the Colorado Civil Rights Commission, # 2 Summons Geta Asfaw, in his official capacity as a member of the Colorado Civil Rights Commission, # 3 Summons Mayuko Fieweger, in her official capacity as a member of the Colorado Civil Rights Commission, # 4 Summons Daniel S. Ward, in his official capacity as a member of the Colorado Civil Rights Commission, # 5 Summons Jade Rose Kelly, in her official capacity as a member of the Colorado Civil Rights Commission, # 6 Summons Eric Artis, in his official capacity as a member of the Colorado Civil Rights Commission, # 7 Summons Phillip Weiser, in his official capacity as Colorado Attorney General, # 8 Summons Colorado High School Activities Association, # 9 Summons Michael Krueger, in his capacity as Commissioner of the Colorado High School Activities Association, # 10 Summons Ryan West, as a member of the Colorado High School Activities Association Board of Directors, # 11 Summons Ty Gray, as a member of the Colorado High School Activities Association Board of Directors, # 12 Summons Joe Brown, as a member of the Colorado High School Activities Association Board of Directors, # 13 Summons Sara Crawford, as a member of the Colorado High School Activities Association Board of Directors, # 14 Summons Cameron Wright, as a member of the Colorado High School Activities Association Board of Directors, # 15 Summons Jeff Hollway, as a member of the Colorado High School Activities Association Board of Directors, # 16 Summons Jim Flanigan, as a member of the Colorado High School Activities Association Board of Directors, # 17 Summons Jimmy Porter, as a member of the Colorado High School Activities Association Board of Directors, # 18 Summons Elizabeth Jameson, as a member of the Colorado High School Activities Association Board of Directors, # 19 Summons Alfie Lotrich, as a member of the Colorado High School Activities Association Board of Directors, # 20 Summons Mike Jobman, as a member of the Colorado High School Activities Association Board of Directors, # 21 Summons Heidi Voehringer, as a member of the Colorado High School Activities Association Board of Directors, # 22 Summons Sybil Booker, as a member of the Colorado High School Activities Association Board of Directors, # 23 Summons Kristie Duran, as a member of the Colorado High School Activities Association Board of Directors)(Francisco, Michael) (Entered: 05/09/2025)

NOTICE of Entry of Appearance by Julian R. Ellis, Jr on behalf of School District 49Attorney Julian R. Ellis, Jr added to party School District 49(pty:pla) (Ellis, Julian) (Entered: 05/09/2025)

NOTICE of Entry of Appearance by Andrew Martin Nussbaum on behalf of School District 49Attorney Andrew Martin Nussbaum added to party School District 49(pty:pla) (Nussbaum, Andrew) (Entered: 05/09/2025)

NOTICE of Entry of Appearance by Christopher Owen Murray on behalf of School District 49Attorney Christopher Owen Murray added to party School District 49(pty:pla) (Murray, Christopher) (Entered: 05/09/2025)

SUMMONSES issued re 5 by Clerk. (tlove, ) (Entered: 05/12/2025)

MEMORANDUM RETURNING CASE. Case returned to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. Judge Robert E. Blackburn is no longer assigned to case. (norlin, ) (Entered: 05/12/2025)

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) (Entered: 05/12/2025)

NOTICE of Entry of Appearance by James A. Compton on behalf of School District 49Attorney James A. Compton added to party School District 49(pty:pla) (Compton, James) (Entered: 05/13/2025)

ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 7/7/2025. Proposed Scheduling Order due 7/7/2025. By Magistrate Judge Maritza Dominguez Braswell on 5/14/2025. (evaug) (Entered: 05/14/2025)

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 12 Notice of Entry of Appearance filed by attorney James A. Compton. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, ) (Entered: 05/16/2025)

WAIVER OF SERVICE Returned Executed by School District 49. Sybil Booker waiver sent on 5/15/2025, answer due 7/14/2025; Joe Brown waiver sent on 5/15/2025, answer due 7/14/2025; Colorado High School Activities Association waiver sent on 5/15/2025, answer due 7/14/2025; Sara Crawford waiver sent on 5/15/2025, answer due 7/14/2025; Kristie Duran waiver sent on 5/15/2025, answer due 7/14/2025; Jim Flanigan waiver sent on 5/15/2025, answer due 7/14/2025; Ty Gray waiver sent on 5/15/2025, answer due 7/14/2025; Jeff Hollway waiver sent on 5/15/2025, answer due 7/14/2025; Elizabeth Jameson waiver sent on 5/15/2025, answer due 7/14/2025; Mike Jobman waiver sent on 5/15/2025, answer due 7/14/2025; Michael Krueger waiver sent on 5/15/2025, answer due 7/14/2025; Alfie Lotrich waiver sent on 5/15/2025, answer due 7/14/2025; Jimmy Porter waiver sent on 5/15/2025, answer due 7/14/2025; Heidi Voehringer waiver sent on 5/15/2025, answer due 7/14/2025; Ryan West waiver sent on 5/15/2025, answer due 7/14/2025; Cameron Wright waiver sent on 5/15/2025, answer due 7/14/2025. (Ellis, Julian) (Entered: 05/20/2025)

WAIVER OF SERVICE Returned Executed by School District 49. Eric Artis waiver sent on 5/20/2025, answer due 7/21/2025; Geta Asfaw waiver sent on 5/20/2025, answer due 7/21/2025; Mayuko Fieweger waiver sent on 5/20/2025, answer due 7/21/2025; Jade R Kelly waiver sent on 5/20/2025, answer due 7/21/2025; Sergio Raudel Cordova waiver sent on 5/20/2025, answer due 7/21/2025; Aubrey C. Sullivan waiver sent on 5/20/2025, answer due 7/21/2025; Daniel S. Ward waiver sent on 5/20/2025, answer due 7/21/2025; Phillip Weiser waiver sent on 5/20/2025, answer due 7/21/2025. (Ellis, Julian) (Entered: 05/21/2025)

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff School District 49 All parties do not consent.. (Francisco, Michael) (Entered: 06/09/2025)

CASE REASSIGNED Pursuant to 17 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge John L. Kane. All future pleadings should be designated as 25-cv-01463-JLK. (Text Only Entry) (jrobe, ) (Entered: 06/09/2025)

ORDER OF REFERENCE TO MAGISTRATE JUDGE. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72(a), Magistrate Judge Maritza Dominguez Braswell is designated to conduct proceedings in this civil action, by Judge John L. Kane on 6/10/2025. (ccuen, ) (Entered: 06/10/2025)

NOTICE of Entry of Appearance by Ashlyn L. Hare on behalf of Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, Kristie DuranAttorney Ashlyn L. Hare added to party Colorado High School Activities Association(pty:dft), Attorney Ashlyn L. Hare added to party Michael Krueger(pty:dft), Attorney Ashlyn L. Hare added to party Ryan West(pty:dft), Attorney Ashlyn L. Hare added to party Ty Gray(pty:dft), Attorney Ashlyn L. Hare added to party Joe Brown(pty:dft), Attorney Ashlyn L. Hare added to party Sara Crawford(pty:dft), Attorney Ashlyn L. Hare added to party Cameron Wright(pty:dft), Attorney Ashlyn L. Hare added to party Jeff Hollway(pty:dft), Attorney Ashlyn L. Hare added to party Jim Flanigan(pty:dft), Attorney Ashlyn L. Hare added to party Jimmy Porter(pty:dft), Attorney Ashlyn L. Hare added to party Elizabeth Jameson(pty:dft), Attorney Ashlyn L. Hare added to party Alfie Lotrich(pty:dft), Attorney Ashlyn L. Hare added to party Mike Jobman(pty:dft), Attorney Ashlyn L. Hare added to party Heidi Voehringer(pty:dft), Attorney Ashlyn L. Hare added to party Sybil Booker(pty:dft), Attorney Ashlyn L. Hare added to party Kristie Duran(pty:dft) (Hare, Ashlyn) (Entered: 07/01/2025)

NOTICE of Entry of Appearance by Lucy Kennedy Walker on behalf of Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, Kristie DuranAttorney Lucy Kennedy Walker added to party Colorado High School Activities Association(pty:dft), Attorney Lucy Kennedy Walker added to party Michael Krueger(pty:dft), Attorney Lucy Kennedy Walker added to party Ryan West(pty:dft), Attorney Lucy Kennedy Walker added to party Ty Gray(pty:dft), Attorney Lucy Kennedy Walker added to party Joe Brown(pty:dft), Attorney Lucy Kennedy Walker added to party Sara Crawford(pty:dft), Attorney Lucy Kennedy Walker added to party Cameron Wright(pty:dft), Attorney Lucy Kennedy Walker added to party Jeff Hollway(pty:dft), Attorney Lucy Kennedy Walker added to party Jim Flanigan(pty:dft), Attorney Lucy Kennedy Walker added to party Jimmy Porter(pty:dft), Attorney Lucy Kennedy Walker added to party Elizabeth Jameson(pty:dft), Attorney Lucy Kennedy Walker added to party Alfie Lotrich(pty:dft), Attorney Lucy Kennedy Walker added to party Mike Jobman(pty:dft), Attorney Lucy Kennedy Walker added to party Heidi Voehringer(pty:dft), Attorney Lucy Kennedy Walker added to party Sybil Booker(pty:dft), Attorney Lucy Kennedy Walker added to party Kristie Duran(pty:dft) (Walker, Lucy) (Entered: 07/01/2025)

NOTICE of Entry of Appearance by Dominick Drake Schumacher on behalf of Aubrey C. Sullivan, Sergio Raudel Cordova, Geta Asfaw, Mayuko Fieweger, Daniel S. Ward, Jade R Kelly, Eric ArtisAttorney Dominick Drake Schumacher added to party Aubrey C. Sullivan(pty:dft), Attorney Dominick Drake Schumacher added to party Sergio Raudel Cordova(pty:dft), Attorney Dominick Drake Schumacher added to party Geta Asfaw(pty:dft), Attorney Dominick Drake Schumacher added to party Mayuko Fieweger(pty:dft), Attorney Dominick Drake Schumacher added to party Daniel S. Ward(pty:dft), Attorney Dominick Drake Schumacher added to party Jade R Kelly(pty:dft), Attorney Dominick Drake Schumacher added to party Eric Artis(pty:dft) (Schumacher, Dominick) (Entered: 07/01/2025)

NOTICE of Entry of Appearance by Nora Quinto Passamaneck on behalf of Aubrey C. Sullivan, Sergio Raudel Cordova, Geta Asfaw, Mayuko Fieweger, Daniel S. Ward, Jade R Kelly, Eric ArtisAttorney Nora Quinto Passamaneck added to party Aubrey C. Sullivan(pty:dft), Attorney Nora Quinto Passamaneck added to party Sergio Raudel Cordova(pty:dft), Attorney Nora Quinto Passamaneck added to party Geta Asfaw(pty:dft), Attorney Nora Quinto Passamaneck added to party Mayuko Fieweger(pty:dft), Attorney Nora Quinto Passamaneck added to party Daniel S. Ward(pty:dft), Attorney Nora Quinto Passamaneck added to party Jade R Kelly(pty:dft), Attorney Nora Quinto Passamaneck added to party Eric Artis(pty:dft) (Passamaneck, Nora) (Entered: 07/01/2025)

NOTICE of Entry of Appearance by Lane Towery on behalf of Phillip WeiserAttorney Lane Towery added to party Phillip Weiser(pty:dft) (Towery, Lane) (Entered: 07/01/2025)

NOTICE of Entry of Appearance by Talia Boxerman Kraemer on behalf of Phillip WeiserAttorney Talia Boxerman Kraemer added to party Phillip Weiser(pty:dft) (Kraemer, Talia) (Entered: 07/01/2025)

Joint MOTION to Amend/Correct/Modify Proposed Scheduling Order Deadline by Defendant Phillip Weiser. (Kraemer, Talia) (Entered: 07/01/2025)

MEMORANDUM regarding 26 Joint Motion to Amend Proposed Scheduling Order Deadline. The Motion is referred to Magistrate Judge Dominguez Braswell, by Judge John L. Kane on 7/2/2025. Text Only Entry (ccuen, ) (Entered: 07/02/2025)

MINUTE ORDER granting the 26 Joint Motion to Amend Proposed Scheduling Order Deadline. The deadline to file a proposed scheduling order is extended to July 28, 2025. By Magistrate Judge Maritza Dominguez Braswell on 7/2/2025. Text Only Entry(mdblc1) (Entered: 07/02/2025)

Memorandum

Order on Motion to Amend/Correct/Modify

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Michael Krueger, Alfie Lotrich, Jeff Hollway, Mike Jobman, Jim Flanigan, Heidi Voehringer, Ty Gray, Cameron Wright, Kristie Duran, Ryan West, Joe Brown, Sara Crawford, Elizabeth Jameson, Sybil Booker, Colorado High School Activities Association, Jimmy Porter.. (Hare, Ashlyn) (Entered: 07/07/2025)

NOTICE of Entry of Appearance by Alexander Halpern on behalf of Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, Kristie DuranAttorney Alexander Halpern added to party Colorado High School Activities Association(pty:dft), Attorney Alexander Halpern added to party Michael Krueger(pty:dft), Attorney Alexander Halpern added to party Ryan West(pty:dft), Attorney Alexander Halpern added to party Ty Gray(pty:dft), Attorney Alexander Halpern added to party Joe Brown(pty:dft), Attorney Alexander Halpern added to party Sara Crawford(pty:dft), Attorney Alexander Halpern added to party Cameron Wright(pty:dft), Attorney Alexander Halpern added to party Jeff Hollway(pty:dft), Attorney Alexander Halpern added to party Jim Flanigan(pty:dft), Attorney Alexander Halpern added to party Jimmy Porter(pty:dft), Attorney Alexander Halpern added to party Elizabeth Jameson(pty:dft), Attorney Alexander Halpern added to party Alfie Lotrich(pty:dft), Attorney Alexander Halpern added to party Mike Jobman(pty:dft), Attorney Alexander Halpern added to party Heidi Voehringer(pty:dft), Attorney Alexander Halpern added to party Sybil Booker(pty:dft), Attorney Alexander Halpern added to party Kristie Duran(pty:dft) (Halpern, Alexander) (Entered: 07/08/2025)

NOTICE of Entry of Appearance by Michael Blake McCracken on behalf of Aubrey C. Sullivan, Sergio Raudel Cordova, Geta Asfaw, Mayuko Fieweger, Daniel S. Ward, Jade R Kelly, Eric ArtisAttorney Michael Blake McCracken added to party Aubrey C. Sullivan(pty:dft), Attorney Michael Blake McCracken added to party Sergio Raudel Cordova(pty:dft), Attorney Michael Blake McCracken added to party Geta Asfaw(pty:dft), Attorney Michael Blake McCracken added to party Mayuko Fieweger(pty:dft), Attorney Michael Blake McCracken added to party Daniel S. Ward(pty:dft), Attorney Michael Blake McCracken added to party Jade R Kelly(pty:dft), Attorney Michael Blake McCracken added to party Eric Artis(pty:dft) (McCracken, Michael) (Entered: 07/08/2025)

Unopposed MOTION for Leave to Amend Complaint and Extend Deadlines by Plaintiff School District 49. (Attachments: # 1 Exhibit Redlined Amended Complaint, # 2 Exhibit A to Amended Complaint - ERBOCES Policy, # 3 Exhibit B to Amended Complaint - D11 Policy, # 4 Exhibit C to Amended Complaint - D20 Resolution, # 5 Proposed Order (PDF Only) Proposed Order Granting Leave to Amend Complaint)(Francisco, Michael) (Entered: 07/15/2025)

MEMORANDUM regarding 32 Unopposed Motion for Leave to Amend Complaint and Extend Deadlines. The Motion is referred to Magistrate Judge Dominguez Braswell, by Judge John L. Kane on 7/16/2025. Text Only Entry (ccuen, ) (Entered: 07/16/2025)

Memorandum

MINUTE ORDER granting Plaintiff's 32 Unopposed Motion for Leave to Amend Complaint and Extend Deadlines. For good cause shown and in light of Defendants' lack of opposition, the Motion is granted. Plaintiff shall file a clean copy of its Amended Complaint and its exhibits by July 23, 2025. Defendants' deadline to answer or otherwise respond to the Amended Complaint is August 8, 2025. The deadline to file a proposed scheduling order is extended to August 15, 2025. By Magistrate Judge Maritza Dominguez Braswell on 7/21/2025. Text Only Entry(mdblc1) (Entered: 07/21/2025)

Order on Motion for Leave

AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants Attorney Michael Lee Francisco added to party Colorado Springs School District 11(pty:pla), Attorney Michael Lee Francisco added to party Academy School District 20(pty:pla), Attorney Michael Lee Francisco added to party Education ReEnvisioned BOCES(pty:pla), Attorney Michael Lee Francisco added to party Monument Academy(pty:pla), Attorney Michael Lee Francisco added to party James Irwin Charter Schools(pty:pla), Attorney Michael Lee Francisco added to party Montezuma Cortez School District(pty:pla), Attorney Michael Lee Francisco added to party The Classical Academy(pty:pla), filed by School District 49, Monument Academy, Education ReEnvisioned BOCES, Academy School District 20, James Irwin Charter Schools, Montezuma Cortez School District, The Classical Academy, Colorado Springs School District 11. (Attachments: # 1 Exhibit A - ERBOCES Policy, # 2 Exhibit B - D11 Policy, # 3 Exhibit C - D20 Resolution)(Francisco, Michael) (Entered: 07/22/2025)

Joint MOTION to Dismiss Amended Complaint by Defendants Aubrey C. Sullivan, Sergio Raudel Cordova, Geta Asfaw, Mayuko Fieweger, Daniel S. Ward, Jade R Kelly, Eric Artis, Phillip Weiser. (McCracken, Michael) (Entered: 08/08/2025)

MOTION to Dismiss Amended Complaint by Defendants Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, Kristie Duran. (Attachments: # 1 Exhibit Declaration of Michael Krueger)(Hare, Ashlyn) (Entered: 08/08/2025)

1 Exhibit Declaration of Michael Krueger

View on RECAP

MEMORANDUM regarding 36 Joint Motion to Dismiss Amended Complaint and 37 Motion to Dismiss Amended Complaint. The Motions are referred to Magistrate Judge Dominguez Braswell, by Judge John L. Kane on 8/13/2025. Text Only Entry (ccuen, ) (Entered: 08/13/2025)

Memorandum

Joint MOTION to Stay Discovery and to Vacate Deadline for Scheduling Order by Defendants Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, Kristie Duran, Aubrey C. Sullivan, Sergio Raudel Cordova, Geta Asfaw, Mayuko Fieweger, Daniel S. Ward, Jade R Kelly, Eric Artis, Phillip Weiser, Plaintiffs Monument Academy, Education ReEnvisioned BOCES, Academy School District 20, James Irwin Charter Schools, Montezuma Cortez School District, The Classical Academy, Colorado Springs School District 11, School District 49. (Towery, Lane) (Entered: 08/14/2025)

MEMORANDUM regarding 39 Joint Motion to Stay Discovery and to Vacate Deadline for Scheduling Order. The Motion is referred to Magistrate Judge Dominguez Braswell, by Judge John L. Kane on 8/18/2025. Text Only Entry (ccuen, ) (Entered: 08/18/2025)

Memorandum

Unopposed MOTION for Extension of Time to File Response/Reply as to 36 Joint MOTION to Dismiss Amended Complaint, 37 MOTION to Dismiss Amended Complaint by Plaintiffs Monument Academy, Education ReEnvisioned BOCES, Academy School District 20, James Irwin Charter Schools, Montezuma Cortez School District, The Classical Academy, Colorado Springs School District 11, School District 49. (Francisco, Michael) (Entered: 08/21/2025)

MEMORANDUM regarding 41 Plaintiffs' Unopposed Motion for a 14-Day Extension of Time to Respond to Defendants' Motions to Dismiss Amended Complaint. The Motion is referred to Magistrate Judge Dominguez Braswell, by Judge John L. Kane on 8/21/2025. Text Only Entry (ccuen, ) (Entered: 08/22/2025)

MINUTE ORDER granting Plaintiffs' 41 Unopposed Motion for a 14-Day Extension of Time to Respond to Defendants' Motions to Dismiss Amended Complaint. Plaintiffs' responses to the 36 37 Motions to Dismiss are due on or before September 12, 2025. By Magistrate Judge Maritza Dominguez Braswell on 8/22/2025. Text Only Entry(mdblc1) (Entered: 08/22/2025)

Order on Motion for Extension of Time to File Response/Reply

Memorandum

ORDER granting the 39 Joint Motion to Stay Discovery and to Vacate Deadline for Scheduling Order. For good cause shown, and in light of the lack of opposition, this matter is stayed pending resolution of the 36 37 Motions to Dismiss. The deadline to file a proposed scheduling order is vacated. Should any part of the case remain, the parties shall file a joint status report that includes a proposed deadline to file a proposed scheduling order within seven (7) days of an order on the motions to dismiss. By Magistrate Judge Maritza Dominguez Braswell on 8/23/2025. Text Only Entry(mdblc1) (Entered: 08/23/2025)

Order on Motion to Stay

RESPONSE to 37 MOTION to Dismiss Amended Complaint filed by Plaintiffs Monument Academy, Education ReEnvisioned BOCES, Academy School District 20, James Irwin Charter Schools, Montezuma Cortez School District, The Classical Academy, Colorado Springs School District 11, School District 49. (Francisco, Michael) (Entered: 09/12/2025)

RESPONSE to 36 Joint MOTION to Dismiss Amended Complaint filed by Plaintiffs Education ReEnvisioned BOCES, Academy School District 20, James Irwin Charter Schools, Montezuma Cortez School District, The Classical Academy, Colorado Springs School District 11, School District 49. (Francisco, Michael) (Entered: 09/12/2025)

ERRATA re 45 Response to Motion, 46 Response to Motion, Exhibit 1 by Plaintiffs Monument Academy, Education ReEnvisioned BOCES, Academy School District 20, James Irwin Charter Schools, Montezuma Cortez School District, The Classical Academy, Colorado Springs School District 11. (Attachments: # 1 Affidavit Declaration of Amy Shandy)(Francisco, Michael) (Entered: 09/18/2025)

REPLY to Response to 37 MOTION to Dismiss Amended Complaint filed by Defendants Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, Kristie Duran. (Hare, Ashlyn) (Entered: 09/26/2025)

REPLY to Response to 36 Joint MOTION to Dismiss Amended Complaint filed by Defendants Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, Kristie Duran, Aubrey C. Sullivan, Sergio Raudel Cordova, Geta Asfaw, Mayuko Fieweger, Daniel S. Ward, Jade R Kelly, Eric Artis, Phillip Weiser. (McCracken, Michael) (Entered: 09/26/2025)

MINUTE ORDER: A Motion Hearing to address the 36 37 Motions to Dismiss is set for December 8, 2025, at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Hearing will take place in person in Courtroom 101 of the US District Court for the District of Colorado at Colorado Springs located at 212 N. Wahsatch Avenue, Colorado Springs, Colorado. By Magistrate Judge Maritza Dominguez Braswell on 10/1/2025. Text Only Entry (mdblc1) (Entered: 10/01/2025)

Minute Order

NOTICE of Settlement by Plaintiffs Academy School District 20, Colorado Springs School District 11, Education ReEnvisioned BOCES, James Irwin Charter Schools, Montezuma Cortez School District, Monument Academy, School District 49, The Classical Academy (Francisco, Michael) (Entered: 12/02/2025)

MINUTE ORDER: In light of the 51 Notice of Settlement, Plaintiffs and the CHSAA Defendants shall file appropriate dismissal papers on or before January 5, 2026. The CHSAA Defendants are excused from the December 8, 2025, Motion Hearing. By Magistrate Judge Maritza Dominguez Braswell on 12/4/2025. Text Only Entry (mdblc1) (Entered: 12/04/2025)

Minute Order

COURTROOM MINUTES for Motion Hearing held on 12/8/2025 before Magistrate Judge Maritza Dominguez Braswell: The Court is taking under advisement the Motions to Dismiss 36 and 37 and will issue written recommendations in due course. FTR: Colorado Springs Courtroom 101. (evaug) (Entered: 12/11/2025)

Unopposed MOTION for Extension of Time to File Dismissal Papers by Defendants Sybil Booker, Joe Brown, Colorado High School Activities Association, Sara Crawford, Kristie Duran, Jim Flanigan, Ty Gray, Jeff Hollway, Elizabeth Jameson, Mike Jobman, Michael Krueger, Alfie Lotrich, Jimmy Porter, Heidi Voehringer, Ryan West, Cameron Wright. (Hare, Ashlyn) (Entered: 12/23/2025)

MEMORANDUM regarding 54 Unopposed Motion for Extension to File Dismissal Papers. The Motion is referred to Magistrate Judge Dominguez Braswell, by Judge John L. Kane on 12/23/2025. Text Only Entry (ccuen, ) (Entered: 12/23/2025)

MINUTE ORDER granting the CHSAA Defendants' 54 Unopposed Motion for Extension to File Dismissal Papers. The deadline for Plaintiff and the CHSAA Defendants to file dismissal papers is extended to January 12, 2026. By Magistrate Judge Maritza Dominguez Braswell on 12/23/2025. Text Only Entry(mdblc1) (Entered: 12/23/2025)

Order on Motion for Extension of Time to File

Memorandum

Unopposed MOTION to Dismiss Voluntarily with Prejudice by Plaintiffs Academy School District 20, Colorado Springs School District 11, Education ReEnvisioned BOCES, James Irwin Charter Schools, Montezuma Cortez School District, Monument Academy, School District 49, The Classical Academy. (Francisco, Michael) (Entered: 01/12/2026)

ORDER granting 57 Unopposed Joint Motion to Voluntarily Dismiss with Prejudice. Based on the request of the relevant parties and pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs claims against Defendants Colorado High School Activities Association, Michael Krueger, Ryan West, Ty Gray, Joe Brown, Sara Crawford, Cameron Wright, Jeff Hollway, Jim Flanigan, Jimmy Porter, Elizabeth Jameson, Alfie Lotrich, Mike Jobman, Heidi Voehringer, Sybil Booker, and Kristie Duran are DISMISSED WITH PREJUDICE, by Judge John L. Kane on 1/13/2026. Text Only Entry(ccuen, ) (Entered: 01/13/2026)

MOTION for Leave to File Sur-Reply Regarding Statements at Oral Argument by Plaintiffs Academy School District 20, Colorado Springs School District 11, Education ReEnvisioned BOCES, James Irwin Charter Schools, Montezuma Cortez School District, Monument Academy, School District 49, The Classical Academy. (Attachments: # 1 Proposed Document Plaintiffs' Sur-Reply re Statements at Oral Argument, # 2 Exhibit A - First & Fourteenth Letter, # 3 Exhibit B - State Response to Fist & Fourteenth Letter)(Francisco, Michael) (Entered: 01/13/2026)

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE the Court respectfully RECOMMENDS that the State Defendants' Joint Motion to Dismiss the Amended Complaint (Doc. No. 36 ) be GRANTED and Plaintiffs' claims be DISMISSED with prejudice. By Magistrate Judge Maritza Dominguez Braswell on 01/13/2026. (jrobe, ) (Entered: 01/13/2026)

Order on Motion to Dismiss

MINUTE ORDER: In light of the Colorado High School Activities Association Defendants' settlement and dismissal from this action (see ECF 51, 58), their 37 Motion to Dismiss is found to be moot. By Magistrate Judge Maritza Dominguez Braswell on 1/14/2026. Text Only Entry(mdblc1) (Entered: 01/14/2026)

Order on Motion to Dismiss

Unopposed MOTION for Extension of Time to Extend F.R.C.P. 72(b)(2) Deadlines by Plaintiffs Academy School District 20, Colorado Springs School District 11, Education ReEnvisioned BOCES, James Irwin Charter Schools, Montezuma Cortez School District, Monument Academy, School District 49, The Classical Academy. (Nussbaum, Andrew) (Entered: 01/16/2026)

ORDER granting 62 Plaintiffs' Unopposed Motion for Extension of Time. Any objections to Magistrate Judge Dominguez Braswell's Report and Recommendation (ECF No. 60 ) shall be filed on or before February 10, 2026. Any responses to objections that are filed are due on or before March 10, 2026, by Judge John L. Kane on 1/20/2026. Text Only Entry(ccuen, ) (Entered: 01/20/2026)

Order on Motion for Extension of Time to File

OBJECTION to 60 Report and Recommendations filed by Plaintiffs Academy School District 20, Colorado Springs School District 11, Education ReEnvisioned BOCES, James Irwin Charter Schools, Montezuma Cortez School District, Monument Academy, School District 49, The Classical Academy. (Francisco, Michael) (Entered: 02/10/2026)

TRANSCRIPT of Motion Hearing held on December 8, 2025 before Magistrate Judge Braswell. Pages: 1-76. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 02/18/2026)

RESPONSE to Objection to 60 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 36 Joint MOTION to Dismiss Amended Complaint filed by Mayuko Fieweger, Aubrey C. Sullivan, Daniel S. Ward, Phillip Weiser, Geta Asfaw, Eric Artis, Jade R Kelly, Sergio Raudel Cordova filed by Defendants Eric Artis, Geta Asfaw, Mayuko Fieweger, Jade R Kelly, Sergio Raudel Cordova, Aubrey C. Sullivan, Daniel S. Ward, Phillip Weiser. (McCracken, Michael) (Entered: 03/10/2026)